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苹果高通战争仍在持续,高通或被控告专利欺诈

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-01-21 22:36
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(Summary description)近一个月以来,中国和德国先后就高通和苹果的专利纠纷案件进行判决。2018年12月初,中国福州市中级人民法院颁发针对苹果七款iPhone产品的禁售令;2018年12月20日德国慕尼黑地方法院也颁发禁令,认为苹果公司侵犯高通在智能手机节能技术方面的专利权。目前,苹果公司已经在德国全面停售涉案的四款手机,且在德国的苹果官网上也下架了涉案产品,并从第三方经销商处召回了涉案产品。从目前中国和德国的判决来看,

苹果高通战争仍在持续,高通或被控告专利欺诈

(Summary description)近一个月以来,中国和德国先后就高通和苹果的专利纠纷案件进行判决。2018年12月初,中国福州市中级人民法院颁发针对苹果七款iPhone产品的禁售令;2018年12月20日德国慕尼黑地方法院也颁发禁令,认为苹果公司侵犯高通在智能手机节能技术方面的专利权。目前,苹果公司已经在德国全面停售涉案的四款手机,且在德国的苹果官网上也下架了涉案产品,并从第三方经销商处召回了涉案产品。从目前中国和德国的判决来看,

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-01-21 22:36
  • Views:
Information

近一个月以来,中国和德国先后就高通和苹果的专利纠纷案件进行判决。2018年12月初,中国福州市中级人民法院颁发针对苹果七款iPhone产品的禁售令;2018年12月20日德国慕尼黑地方法院也颁发禁令,认为苹果公司侵犯高通在智能手机节能技术方面的专利权。目前,苹果公司已经在德国全面停售涉案的四款手机,且在德国的苹果官网上也下架了涉案产品,并从第三方经销商处召回了涉案产品。

从目前中国和德国的判决来看,高通与苹果这场关于专利的纠纷,高通似乎一直占据上风。毫无疑问,两国的判决结果对苹果在全球的业务发展带来一些阻碍,无论是在德国产品禁售对苹果销量上的压力,还是在中国拒不执行带来的舆论上的压力以及后续可能承担的法律后果。虽然高通的CEO史蒂夫·莫伦科夫在多个公开场合表示和解意愿,但是苹果公司目前暂未接受高通递过来的橄榄枝。

然而在苹果与高通的大本营美国,高通最近却遇上了一些麻烦事。2019年年初,美国联邦贸易委员会(FTC)诉高通垄断案进入了法庭辩论阶段。此次FTC提起的反垄断主要是针对早已臭名昭著的“高通税”,高通向苹果以及其他一些手机生产厂商按照手机总价收取一定比例的费用,以换取使用其技术的权利,面对高通这份显失公平的收费方式,众多手机厂商也是哑巴吃黄连,因为高通威胁如果不交这笔专利使用费,将会切断手机中至关重要的无线芯片的供应。而此次FTC控告高通,就是认为高通拥有很多关于无线技术的专利,正是由于手机厂商缴纳的专利使用费,间接推动了智能手机的价格。

苹果高管称,苹果曾考虑在iPad Mini 2中采用英特尔制造的芯片以解决在调制解调器芯片上完全依赖高通的窘境,但是高通作出让步,高通向苹果提供回扣,以降低其成本,也因此英特尔没有成为iPad Mini 2的芯片供应商。这也是FTC认为,高通迫使苹果达成一项反竞争协议,以购买高通芯片为交换条件,削弱英特尔在该领域的竞争力。该苹果高管还补充道,如果不接受高通的条款,默认的合同的专利授权费将达到每部设备17-18美元,将大大超过目前高通授权费的7.5美元,因此,苹果在芯片的选择上并没有多大的选择余地,甚至可能最后得不到芯片。苹果公司认为,在使用高通芯片时,应当只针对高通连接芯片的价值支付专利费,而不应对整个设备付费,高通这样的收费模式实际上是在对苹果的创新征税,而苹果不应该为与高通无关的技术突破支付费用。

除了苹果之外,中国企业华为和联想提供的证词也颇受关注。华为高级法律顾问在出庭作证时表示,高通曾经威胁华为,如果不与高通签订授权协议,将停止对华为供应芯片,而协议中正是包含不平等的“高通税”,华为需要在购买芯片的基础上缴纳专利授权费。但是,如果华为不签订该协议,而是从其他芯片厂家购买芯片,那么华为需要支付更高的“忠诚税”,以获得高通在CDMA等技术上的专利授权。

而联想知识产权副总裁提供的证词则是,高通过去曾对那些试图挑战其法律条款的客户进行报复,报复方式包括延迟甚至切断芯片供应,虽然不知道高通是否会真的兑现中断供应的威胁,但是显然联想不敢冒这个风险,最终签署了与高通的协定。

除了向苹果华为等手机生厂商之外,高通的竞争对手联发科和英特尔也先后出庭作证,试图说服法庭相信高通确实在市场竞争中存在垄断行为。

而高通则辩称,高通的授权行为是遵循长期确立的行业规范,其收取的授权费用也与其开始芯片销售之前很多年的水平相同,确实,在高通之前,爱立信、华为、诺基亚和三星等公司也曾根据整部设备收取授权费,这似乎在手机行业是一种常态。但是,即使之前在该行业普遍存在,也不能认为这样的行为是正确的,这并不能成为收取“高通税”的原因。

高通还提供证据显示,全球最大的两家智能手机制造商三星和华为,华为设备中54%的调制解调器芯片来自于华为公司内部自己提供,只有22%的调制解调器来自高通;三星使用的调制解调器芯片有52%是三星自己生产,38%来自高通。因此,高通在整个调制解调器市场上并不是出于完全垄断的地位。但是,此次FTC的调查并不是针对于整个调制解调器芯片市场,而是主要针对高速的“高端芯片”市场,在这一领域,高通似乎是唯一的选择。

除了美国市场,高通的业务在韩国、中国和欧洲也不同程度的遭到了监管部门的调查,在2018年1月,欧盟曾宣布对高通处以9.97亿欧元的罚款,主要是针对高通滥用其市场主导地位,通过向苹果公司回扣的形式换取苹果在其智能手机和平板电脑中独家使用高通的芯片。

根据目前的形式来看,高通处于非常不利的地位,很多手机生产厂商以及高通的芯片竞争对手的证据显示,高通确实存在授权不公平的情况。目前该案件仍未宣判结果,如果高通败诉,则其很可能被迫改变向手机生产厂商收费的模式,而高通与苹果的多项专利诉讼及和解可能也会受此影响。

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Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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